1. “…the land itself, with these small exceptions”:
Some Archival Thoughts on
The Vancouver Island Treaties
21 April 2013

2. The Archival Endeavor
Knowledge - its acquisition, use and preservation -
is the basis of the archival endeavor.
Across cultures and time societies have formulated
protocols for the memorialization of their lives.
The Archivists mission is to make transparent the
often vague and uncertain relationships between
the record’s formation and the many cultures and
traditions that influence the documents creation,
use, and preservation.

3. Aboriginal Treaties in
Contemporary Politics
• “real estate conveyances”;
• “forms of contract”;
• “constitutional documents”;
• “a kind of legal self-annihilation”;
• “Indian Magna Carta”;
• “the hidden constitution of Canada.”

4. Nootka Sound Crisis 1789-
1794
The Meaning of
Sovereignty on the colonial
margins.
Rapidly changing trade
economies.
Technological
advancements
transforming Native space.

5. Oregon Treaty,
1846
A division, between Great
Britain and the United States,
of the Oregon Territory, a free
trade area established in 1818
stretching from Mexican to
Russian Territory.
An agreement “respecting
the sovereignty and
government of the territory.”
Built on the Common Law
Doctrine of Tenures.
No mention of Native Peoples
whatsoever.

6. Charter of Grant of
Vancouver Island
13 January 1849
Established the HBC for ten
years as “true and absolute
lords and proprietors” of
Vancouver Island.
Proprietary rights and
exclusive trading rights with
Native Peoples.
Not assigned civil jurisdiction
as in Rupert’s Land.
No mention of Aboriginal title;
however, Grant would
promote “protection and
welfare” of Native Peoples.
BC Archives, D-05228

7. Vancouver Island Treaties

8. The Domesday
Book
Completed: 1086
Purpose: To determine how
much each landholder held
in livestock and land and
what it was worth.
Significance:
a) Created documentary
evidence of land titles across
England.
b) Established the Doctrine
of Tenures, the legal fiction
that all titles were held by
Crown grant.

9. Douglas to Barclay, 3 September 1849,
Fort Victoria Letters, HRBS.
“Some arrangement should be made as soon as
possible with the Native Tribes for the purchase
of their lands and I would recommend payment
made in the shape of an annual allowance…”

10. Barclay to Douglas,
17 December 1849
BC Archives AC/20/Vi/7
“With respect to the rights of
the Natives you will have to
confer with the Chiefs of the
tribes”

11. “You will have to keep a
register of all sales with a
rotation number, with an
outline plan and such a
description of the boundaries
as may be necessary to
distinguish the land granted,
and hereafter, … the plan and
boundaries of such sales will
have to be registered in a
book in the same manner:
such a book may be called the
Division Sale Book, and the
first named the original sales
book. Copies of the entries
will have to be sent home
regularly…”
Barclay to Douglas,
8 February 1850,
BC Archives AC/20/Vi/7

12. Douglas to J.M.Yale,
7 May 1850
BC Archives MS-0105 A/C/20/Vi 3D
“…I have been lately engaged
in buying out the Indian right
to the lands in this
neighbourhood and to the
westward. It is rather a
troublesome business but we
are getting on very well.”

13. Douglas to Barclay,
16 May 1850,
BC Archives A/C/20/Vi2
“…I summoned to a conference, the
chiefs and influential men of the
Songees Tribe, which inhabits and
claims the District of Victoria….as their
own particular heritage. After
considerable discussion, it was arranged
that the whole of the lands, ….should
be sold to the company, with the
exception of the Village Sites and
Enclosed fields, for a certain
remuneration….
The Cowetchin and other tribes have
since expressed a wish to dispose of
their lands on the same terms; but I
declined their proposals in consequence
of our not being prepared to enter into
possession which ought to be done
immediately after purchase or the
arrangement may be forgotten…
I attached the signatures of the native
Chiefs and others who subscribed the
deed of purchase to a blank sheet on
which will be copied the contract or
deed of conveyance, as soon as we
receive a proper form, which I beg may
be sent out by return of post.”

14. Barclay to Douglas,
16 August 1850,
BC Archives A/C/20/Vi7
“The Governor and Committee
very much approve of the
measures you have taken in
respect of the lands claimed by
the Natives. You will receive
herewith the form or contract
or Deed of Conveyance to be
used on future occasions when
lands are to be surrendered to
the Company by the Native
Tribes.”

15. Douglas’s Textual Order of
Aboriginal Societies
1. Teechamitsa
(April 29, 1850)
2. Kosampsom
(April 30, 1850)
3. Swengwhung
(April 30, 1850)
4. Chilcowitch
(April 30, 1850)
5. Whyomilth
(April 30, 1850)
6. Che-ko-nein
(April 30, 1850)
7. Ka-ky-aakan
(May 1, 1850)
8. Chewhaytsum
(May 1, 1850)
9. Soke
(May 10, 1850)
10. Queackar
(Februray 8, 1851)
11. Quakeolth
(February 8, 1851)
12. South Saanich
(February 7, 1852)
13. North Saanich
(February 11, 1852)
14. Sarlequun
(December 23, 1854)

16. North Saanich Treaty,
11 February 1852
BC Archives, MS-772
“Know all men that we the Chiefs
and people of the Sanitch Tribe,
who have signed our names and
made our marks to this deed, the
11th day of February 1852…”

17. North Saanich Treaty
11 February 1852
BC Archives, MS-772
“The condition of our understanding
of this sale, is this that our village sites
and enclosed fields are to be kept for
our own use for the use of our children
and for those who may follow after us,
and the lands shall be properly
surveyed hereafter; it is understood
that the land itself with these small
exceptions becomes the entire
property of the white people for ever,
it is also understood that we are at
liberty to hunt over the unoccupied
lands; and to carry on our fisheries as
formerly.”

18. North Saanich Treaty,
11 February 1852
BC Archives, MS-772
“We have received as
payment...”

19. Archival “Persons” of the North
Saanich Treaty
Qualification of signatures: “ … McKay …
R. Golledge …” … Clerk, H.B.C’s service.”
Author of the act: British Crown;
Author of the document: British Crown;
Addressee of the act: James Douglas in his capacity
as “agent of the H.B.C.”;
Addressee of the document: “… all men …”
Writer: James Douglas
Witness(es): Joseph MacKay and Richd. Golledge
Name of Act: “sale” of land title.

20. Archival Elements of the North Saanich
Treaty
Extrinsic Elements:
Annotation of Registration: “11”
Intrinsic Elements:
Title: North Saanich
Notification: “Know all men …”
Exposition: “That we …”
Disposition: “… consent to surrender … boundaries.”
Clause of Obligation: “The condition…”
Clause of Corroboration: “We have received as
payment..”
Attestation: “Hotutstun…”

21. Blanshard Commission, 1849

22. Douglas Commission, 1851

23. North Saanich Treaty,
11 February 1852,
BC Archives, MS-772
“The condition of our understanding
of this sale, is this that our village sites
and enclosed fields are to be kept for
our own use for the use of our children
and for those who may follow after us,
and the lands shall be properly
surveyed hereafter; it is understood
that the land itself with these small
exceptions becomes the entire
property of the white people for ever,
it is also understood that we are at
liberty to hunt over the unoccupied
lands; and to carry on our fisheries as
formerly.”

24. Saanich Pioneer
Museum
Donated by Premier
Tolmie in 1933.
Reported on in the
Colonist.

25. Saanich Pioneer
Museum
Referred to as a
“treaty” in the header.
Referred to as a
“treaty” in the
Colonist article.

26. Powell to Beavan,
7 April 1875,
BC Archives GR 1440
“…allow me to inspect the
treaties made between the
Hudson’s Bay Company and
the Indians of the Songhees
and Nanaimo Tribes as
contained in the Record Book
at present at your office.”

27. Cartographies of Imagination
• Landscapes of Memory
• Geographical
Imagination
• Ideas of place = a social
process
“The Spatial Politics of
Exchange” -- Daniel Clayton
Chart of Vancouver Island, c.1798 BCA A-04700

28. Times-Colonist January 16, 2013

29. BC Archives A-04098
Fort Victoria, c.1860

30. Interim Land Policy, 1864-
1887
First official to assert explicitly
that BC Natives had never
owned land.
“[Douglas] made agreements
with the various families of
Indians…for the relinquishment
of their possessory claims in the
district of country around Ft.
Victoria…but these were …for
the purpose of securing friendly
relations between those Indians
and the settlement of
Victoria….certainly not in
acknowledgement of any
general title of the Indians to
the lands they occupy.”

31. Manufacture of Evidence

32. “Dr. Helmcken’s Letters,”
E. Robson, Daily Colonist,
November 26, 1886.
• Moved to the Colony of BC for
Gold Rush, 1859
• Campaigned for responsible
government and limiting Gov.
Douglas’s powers
• First Legislative Assembly
1871, representing Nanaimo.
• Supported Homestead Act,
1872
• Returned to BC Legislature in
1882 and in 1889 succeeded
Premier Davies as Premier, a
year after he wrote the
following letter

33. John Austen
The Provence of Jurisprudence
Determined
• the law is command issued by the
uncommanded commander—the
sovereign;
• such commands are backed by
threats of sanctions; and
• a sovereign is one who is
habitually obeyed